Bombay High Court
The State Of Mah.Thr. P.So. P.S. ... vs Naresh S/O Dashrath Bagmare on 6 September, 2021
Author: Amit B.Borkar
Bench: V.M. Deshpande, Amit B. Borkar
060921apeal320.19
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 320 OF 2019
State of Mah., thr. PSO PS, Bramhapuri, Dist. Chandrapur
..vs..
Naresh S/O Dashrath Bagmare
...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
Shri A. C. Jaltare, Advocate for Respondent
Mr. S. S. Doifode, A.P.P. for the Appellant/State.
CORAM : V.M.DESHPANDE &
AMIT B.BORKAR, JJ.
DATED : SEPTEMBER 06, 2021.
1. This appeal is filed by the State challenging acquittal of the respondent for the offence punishable under Section 376 of the Indian Penal Code and under Sections 4, 5(m), 6 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 by the learned Additional Sessions Judge-4 and Special Judge, Chandrapur, dated 01.04.2017 in Special POCSO Case No.11/2016.
2. Notice was issued and on 16.04.2019, this Court (Coram : Z.A.Haq and Vinay Joshi, JJ.) admitted the appeal for its final hearing. It is to be noted here that though, the appellant was acquitted for the offence punishable under Sections 376 of the Indian Penal Code and under Secs.4, 5(m), 6 and 12 of the POCSO Act, he was convicted for the offence punishable under Sections 363, .....2/-
::: Uploaded on - 07/09/2021 ::: Downloaded on - 08/09/2021 03:10:58 :::060921apeal320.19 2 366-A, 354 of the Indian Penal Code and under Section 7 read with Section 8 of the POCSO Act and was directed to suffer maximum punishment of seven years. Against that, he preferred an appeal i.e. Criminal Appeal NO. 208/2017, which is also admitted on 05.05.2017, however as per the submission of his counsel Shri A.C. Jaltare, he has already undergone the entire sentence and he is set free from the jail. Today, when the appeal filed by the State was taken up, the learned counsel Shri Jaltare would submit that since the respondent is not giving any instructions, he has not filed his Vakalatnama and he cannot waive service.
His statement is accepted.
4. In that view of the matter, issue non-bailable warrant against Naresh S/o Dashrath Bagmare, R/o Chandali, Tah. Bramhapuri, Dist. Chandrapur, returnable on 16.09.2021.
5. The Superintendent of Police, Chandrapur is directed to ensure execution of the non-bailable warrant upon Naresh, prior to 16.09.2021 and shall file his personal affidavit if the non-bailable is not executed.
6. An authenticated copy of this order be issued to the learned Additional Public Prosecutor to act upon.
JUDGE JUDGE
Diwale
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